Paragraph 28 I1

United Kingdom

(1)

This paragraph applies in a case in which immediately before F1IP completion day —

(a)

the Secretary of State has given a notice to the CMA under section 67(2) of the 2002 Act in relation to a European relevant merger situation;

(b)

the matter to which the notice relates has not been finally determined in accordance with article 3 of the 2003 Order; and

F2(c)

proceedings under the EC Merger Regulation in relation to the concentration concerned have not been initiated for the purposes of Article 92 of the EU withdrawal agreement.

(2)

On and after F3IP completion day—

(a)

the notice under section 67(2) of the 2002 Act has effect as if it were a notice under section 42(2) of that Act, and

(b)

Part 3 of the 2002 Act has effect in relation to the case F4....

(3)

In sub-paragraph (2), the reference to Part 3 of the 2002 Act—

(a)

includes provision made under that Part; and

(b)

is a reference to that Part and provision made under it as modified by these Regulations.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 28(1) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(2)(a)
F2: Sch. 4 para. 28(1)(c) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(2)(b)
F3: Words in Sch. 4 para. 28(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(3)(a)
F4: Words in Sch. 4 para. 28(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(3)(b)

Commencement

I1: Sch. 4 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Notes on Part 7

Textual amendments

F1: Words in Sch. 4 Pt. 7 heading inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 42